Appellate Division of the Supreme Court of the State of New York February 7, 2003 (Boulos v. Newman)

Appeal from that part of an order of Supreme Court, Orleans County (Punch, J.), entered January 31, 2002, that denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.